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MTR. OF BAAR & BEARDS (OLEG CASSINI)

37 A.D.2d 106 (1971)

In the Matter of the Arbitration between Baar & Beards, Inc., Appellant, and Oleg Cassini, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

June 24, 1971.

Attorney(s) appearing for the Case

Robert S. Groban for appellant.

Donald S. Engel of counsel (Booth, Lipton & Lipton, attorneys), for respondent.

CAPOZZOLI, J. P., KUPFERMAN and TILZER, JJ., concur with McGIVERN, J.; McNALLY, J., dissents in an opinion.

McGIVERN, J.

In this article 75 proceeding, the submission reveals that the petitioner, Baar & Beards, Inc., had an exclusive licensing arrangement with Oleg Cassini, Inc., wherein the latter permitted it to use the Cassini trade-mark in connection with the manufacture and distribution of scarves. The agreement provided for arbitration. The petitioner, Baar & Beards, Inc., claiming a violation by Cassini...

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